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Original Date Announced
November 2, 2020On reconsideration of its prior decision, the Federal Labor Relations Authority (FLRA) decertifies the National Association of Immigration Judges (NAIJ). In its prior decision, the FLRA found that IJs do not create and influence policy, are therefore not management officials, and could unionize accordingly. On reconsideration, the FLRA concludes that it had "failed to recognize the significance of IJ decisions and how those decisions influence policy," ruling that IJs are management officials and therefore excluded from being part of a collective bargaining unit.
[ID #213]
DOJ v NAIJ, 71 FLRA 207 (2020)Effective Date
November 2, 2020Subsequent Trump-Era and Court Action(s)
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April 4, 2022
NAIJ v. Neal
In an t unpublished per curiam decision, the 4th circuit dismissed a challenge to EOIR's speaking engagements policy because, unless and until the Federal Labor Relations Authority (FLRA) formally decertifies the Immigration Judges' union, the union must pursue its cause with the FLRA.
View Document -
June 7, 2022
National Association of Immigration Judges v. Neal
In a June 7, 2022 order, the 4th circuit granted NAIJ's motion for rehearing on a challenge to EOIR's speaking engagements policy in light of the Regional Director of the Federal Labor Relations Authority's revocation of the union's certification. The order stated that because the FLRA has acted on the revocation, the courts can now hear the matter.
View Document -
August 11, 2023
U.S. Court of Appeals Decision NAIJ v. FLRA
On August 11, 2023, the U.S. Court of Appeals for the D.C. Cir. dismissed the petition submitted by the National Association of Immigration Judges (NAIJ) asking the Federal Labor Relations Authority (FLRA) to re-certify their union and recognize their collective bargaining rights.
In its decision, the court asserted that the Union’s petition for review was incurably premature, and therefore they were required to dismiss the petition for lack of jurisdiction without addressing the merits of the arguments as to whether the FLRA violated the union's substantive and procedural due process rights.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Modified
June 25, 20212021.06.25 AGENCY’S WITHDRAWAL OF OPPOSITION TO RESPONDENT’S MOTION FOR RECONSIDERATION
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 25, 2021, EOIR withdrew its opposition to NAIJ's motion for reconsideration before the FLRA. No. WA-RP-19-0067-REC.
View DocumentBiden Administration Action: Approved/Retained
December 7, 20212021.12.07 Settlement Agreement Between the U.S. Department of Justice, Executive Office for Immigration Review and the National Association of Immigration Judges
This Biden administration policy purports to revoke in its entirety the Trump-era policy identified in this entry.
On December 7, 2021, EOIR and NAIJ signed a settlement agreement and thus the Biden administration appears to once again recognize NAIJ as IJs' union.
View DocumentBiden Administration Action: Approved/Retained
April 15, 2022Revocation of IJ Union Certification
On April 15, 2022, the D.C. Regional Director of the Federal Labor Relations Authority issued an order decertifying the Immigration Judges' union, based on the Authority's previous findings that Immigration Judges are management officials.
View DocumentCurrent Status
Fully in EffectMost Recent Action
April 15, 2022 Action: Approved/Retained Revocation of IJ Union CertificationJune 25, 2021Acted on by Biden Administration
December 7, 2021Acted on by Biden Administration
April 15, 2022Acted on by Other
Original Trump Policy Status
Status: In LitigationTrump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
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September 1, 2000
The Clinton administration previously tried to decertify the immigration judges’ union. The FLRA's 2000 ruling denied the administration's application for review to break up the union.
Sept. 1, 2000 FLRA Order denying application for review -
August 13, 2019
In August 2019, the Trump Administration DOJ filed a petition to decertify NAIJ, arguing that the FLRA's 2000 decision was no longer applicable in light of "factual and legal developments" including increasing numbers of affirmances without opinions (AWOs) issued by the BIA, an increase in credible fear and reasonable fear adjudications, and the Supreme Court's holding in Lucia v. SEC, 138 S.Ct. 2044 (2018).
FLRA Petition -
July 31, 2020
On July 31, 2020, the FLRA issued a decision rejecting EOIR’s petition to decertify the NAIJ: “IJs are not management officials within the meaning of section 7103(a)(11) of the Statute and EOIR’s petition is dismissed.”
DOJ v NAIJ, 56 FLRA 97
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
DOJ v NAIJ, 71 FLRA 207 (2020)
- Prior Policy
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Prior Policy
Original Source:
FLRA Petition - Aug. 13, 2019
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Prior Policy
Original Source:
July 31, 2020 FLRA decision
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Subsequent Action
Original Source:
NAIJ v. Neal - April 4, 2022 Opinion
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Subsequent Action
Original Source:
NAIJ v. Neal - June 7, 2022 Order (granting motion for rehearing)
- Subsequent Action
- Commentary
- Commentary
- Commentary
- Other
Commentary
Trump Administration Moves to Decertify Outspoken Immigration Judges’ Union
Go to articleEighty Members of Congress Call on DOJ to Withdraw Petition to Decertify NAIJ
Go to articleLabor Authority Continues Effort to Bust Immigration Judges Union, Without Management Support
Go to article on govexec.comFLRA Decision Busts Immigration Judges Union, Carrying Out Anti-Union Trump Administration Attack on Federal Employees and Immigration Court
The International Federation of Technical & Professional Engineers (IFPTE) urges confirmation of the Biden Administration appointees to the FLRA in light of the D.C. Regional Director's issuance of an April 15, 2022 order decertifying the Immigration Judges' union. It notes that this was done in spite of AG Garland's withdrawal of the decertification petition.
Go to articleIJ Union Pushes for Recertification
On July 21, 2022, the National Association of Immigration Judges (NAIJ) submitted a petition with the Federal Labor Relations Authority (FLRA), asking the FRLA to re-certify their union and recognize their collective bargaining rights.
Go to article on www-law360-com.ezproxy.law.stanford.edu